Standard Bidding Document for Procurement of Plant Design, Supply, Construction, Erection, Testing & Commissioning of 220/110/20kV Noor-el-jahad substation in Herat province

i S TA N D A R D P R O C U R E M E N T D O C U M E N T S Islamic Republic of Afghanistan National Procurement Authority Standard Bidding Document for Procurement of Plant Design, Supply, Construction, Erection, Testing & Commissioning of 220/110/20kV Noor-el-jahad substation in Herat province PROCUREMENT DOCUMENTS May 2016 Procurement of: DESIGN, SUPPLY, CONSTRUCTION, ERECTION, TESTING & COMMISSIONING OF 220KV / 110KV NOOR-EL-JAHAD SUBSTATION IN HERAT PROVINCE Ref No: NPA/DABS/95/W-1158/ICB Entity: DABS Issued on: May 2016 ii iii Standard Bidding Document Table of Contents Section I Instructions to Bidders .5 Section II Bid Data Sheet 33 Section III Evaluation and Qualification Criteria (Without Prequalification) 39 Section IV Bidding Forms .53 Section V Eligible Countries 113 PART –Employer’s Requirements Section VI Employer’s Requirements .2 PART – Conditions of Contract and Contract Forms .1 Section VII General Conditions (GC) .3 Section VIII Particular Conditions 93 Section IX - Contract Forms 98 1-5 Section I Instructions to Bidders Table of Clauses General 1.Scope of Bid 2.Source of Funds 3.Fraud and Corruption 4.Eligible Bidders 5.Eligible Plant and Installation Services 10 Contents of Bidding Document 10 6.Sections of Bidding Document .10 7.Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 11 8.Amendment of Bidding Document .12 Preparation of Bids 13 9.Cost of Bidding .13 10.Language of Bid 13 11.Documents Comprising the Bid 13 12.Letter of Bid and Schedules 14 13.Alternative Bids 14 14.Documents Establishing the Eligibility of the Plant and Installation Services 14 15.Documents Establishing the Eligibility and Qualifications of the Bidder 15 16.Documents establishing conformity of the Plant and Installation Services 15 17.Bid Prices and Discounts 15 18.Currencies of Bid and Payment 18 19.Period of Validity of Bids 18 20.Bid Security 19 21.Format and Signing of Bid 21 Submission and Opening of Bids 21 22.Submission, Sealing and Marking of Bids 21 23.Deadline for Submission of Bids 22 24.Late Bids .22 25.Withdrawal, Substitution, and Modification of Bids 22 1-6 26.Bid Opening 23 Evaluation and Comparison of Bids .24 27.Confidentiality 24 28.Clarification of Bids 24 29.Deviations, Reservations, and Omissions 25 30.Determination of Responsiveness .25 31.Nonmaterial Nonconformities 25 32.Correction of Arithmetical Errors .26 33.Conversion to Single Currency 26 34.Margin of Preference 26 35.Evaluation of Bids .27 36.Comparison of Bids 29 37.Eligibility and Qualification of the Bidder 29 38.Entity’s Right to Accept Any Bid, and to Reject Any or All Bids 29 Award of Contract 29 39.Award Criteria .29 40.Notification of Award 30 41.Signing of Contract .30 42.Performance Security 31 Section I Instructions to Bidders 1-7 Section I Instructions to Bidders General Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet (BDS), the entity, as indicated in the BDS, issues this Bidding Document for the procurement of Plant and Installation Services as specified in Section VI, Employer’s Requirements The name, identification, and number of lots (contracts) of the International Competitive Bidding (ICB) are provided in the BDS 1.2 Unless otherwise stated, throughout this Bidding Document definitions and interpretations shall be as prescribed in the General Conditions, Section VII 2.1 The entity indicated in the BDS has budget (hereinafter called “funds”) from the MoF toward the cost of the project named in the BDS The entity intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued 2.2 Payments by the MoF will be made only at the request of the entity in accordance with respective legal documents Fraud and 3.1 Corruption The Procurement law requires that entity as well as Bidders, Suppliers, Contractors and their agents (whether declared or not), personnel, subcontractors, sub-consultants, service providers and suppliers, under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts In pursuit of this policy, the government: Source of Funds (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party1; “Another party” refers to a public official acting in relation to the procurement process or contract execution In this context, “public official” includes government staff and employees of other organizations taking or reviewing procurement decisions 1-8 Section I Instructions to Bidders (ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation2; (iii) “collusive practice” is an arrangement between two or more parties3 designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party4 or the property of the party to influence improperly the actions of a party; (v) “obstructive practice” is deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or Eligible Bidders 3.2 In further pursuance of this policy, Bidders shall permit the entity to inspect any accounts and records and other documents relating to the Bid submission and contract performance 3.3 Furthermore, Bidders shall be aware of the provision stated in the General Conditions (GC 42.2.1(c)) 4.1 A Bidder may be a private entity or a government-owned entity—subject to ITB 4.5—or any combination of such entities in the form of a joint venture, or association (JVA) “Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution “Parties” refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels “Party” refers to a participant in the procurement process or contract execution Section I Instructions to Bidders 1-9 under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent In the case of a joint venture or association: (a) unless otherwise specified in the BDS, all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms, and (b) the JVA shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JVA during the bidding process and, in the event the JVA is awarded the Contract, during contract execution 4.2 A Bidder, and all partners constituting the Bidder, shall have a nationality of an eligible country under respective law of Islamic Republic of Afghanistan 4.3 A Bidder shall not have a conflict of interest All Bidders found to have a conflict of interest shall be disqualified A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if : (a) they have a controlling partner in common; or (b) they receive or have received any direct or indirect subsidy from any of them; or (c) they have the same legal representative for purposes of this bid; or (d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder, or influence the decisions of the Entity regarding this bidding process; or (e) A Bidder submits more than one bid in this bidding process, either individually or as a partner in a joint venture, except for alternative offers permitted under ITB Clause 13 This will result in the disqualification of all such bids However, this does not limit the participation of a Bidder as a subcontractor in another bid or of a firm as a subcontractor in more than one bid or (f) A Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Plant and Installation Services that 1-10 Section I Instructions to Bidders are the subject of the bid (g) A Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Entity as Project Manager for the contract 4.4 A Bidder that has been debarred by the NPA in accordance with the Procurement Law and respective Procedure shall be ineligible to be awarded contract during such period of time as the debarment notice shall determine 4.5 Government-owned entities shall be eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under the principles of commercial law, and (iii) are not dependent agencies of the entity 4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the entity, as the entity shall reasonably request 4.7 In case a prequalification process has been conducted prior to the bidding process, this bidding is open only to prequalified Bidders Eligible Plant 5.1 and Installation Services The Plant and Installation Services to be supplied under the Contract shall have their origin in eligible source countries as defined in ITB 4.2 above and all expenditures under the Contract will be limited to such Plant and Installation Services 5.2 For purposes of ITB 5.1 above, “origin” means the place where the plant, or component parts thereof are mined, grown, produced or manufactured, and from which the services are provided Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is in its basic characteristics or in purpose or utility from its components Contents of Bidding Document Sections Bidding Document of 6.1 The Bidding Document consists of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 10 Section I Instructions to Bidders 1-11 PART • • • • • PART • Bidding Procedures Section I Instructions to Bidders (ITB) Section II Bid Data Sheet (BDS) Section III Evaluation and Qualification Criteria Section IV Bidding Forms Section V Eligible Countries Entity’s Requirements Section VI Entity’s Requirements PART Conditions of Contract and Contract Forms • • • Section VII General Conditions (GC) Section VIII Particular Conditions (PC) Section IX Contract Forms 6.2 The Invitation for Bids issued by the entity is not part of the Bidding Document 6.3 The entity is not responsible for the completeness of the Bidding Document and its addenda, if they were not obtained directly from the source stated by the entity in the Invitation for Bids 6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid Clarification of 7.1 Bidding Document, Site Visit, Pre-Bid Meeting A prospective Bidder requiring any clarification of the Bidding Document shall contact the entity in writing at the Employer’s address indicated in the BDS or raise his enquiries during the pre-bid meeting if provided for in accordance with ITB 7.4 The entity will respond to any request for clarification, provided that such request is received no later than twenty-eight (28) days prior to the deadline for submission of bids The entity’s response shall be in writing with copies to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source Should the entity deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall so following the 11 3-112 Section VIII Particular Conditions Amount Deductible limits Parties insured From To The Entity shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and Employer’s Liability Insurances All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies Section VIII Particular Conditions 3-113 Insurances To Be Taken Out By The Employer The Entityshall at its expense take out and maintain in effect during the performance of the Contract the following insurances Details: Not applicable Amount Deductible limits Parties insured From To 3-114 Appendix Time Schedule Section VIII Particular Conditions Section VIII Particular Conditions 3-115 Appendix List of Major Items of Plant and Installation Services and List of Approved Subcontractors A list of major items of Plant and Installation Services is provided below The following Subcontractors and/or manufacturers are approved for carrying out the items of the Facilities indicated below Where more than one Subcontractor is listed, the Contractor is free to choose between them, but it must notify the Entity of its choice in good time prior to appointing any selected Subcontractor In accordance with GC Sub-Clause 19.1, the Contractor is free to submit proposals for Subcontractors for additional items from time to time No Subcontracts shall be placed with any such Subcontractors for additional items until the Subcontractors have been approved in writing by the Entity and their names have been added to this list of Approved Subcontractors Major Items of Plant Approved and Installation Subcontractors/Manufacturers Services Nationality 3-116 Section VIII Particular Conditions Appendix Scope of Works and Supply by the Employer The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions of GC Clauses 10, 21 and 24 shall apply as appropriate All personnel, facilities, works and supplies will be provided by the Entity in good time so as not to delay the performance of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to GC Sub-Clause 18.2 Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the Contractor Personnel Charge to Contractor (if any) Facilities Charge to Contractor (if any) Works Charge to Contractor (if any) Supplies Charge to Contractor (if any) Section VIII Particular Conditions 3-117 Appendix List of Documents for Approval or Review Pursuant to GC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present to the Project Manager in accordance with the requirements of GC SubClause 18.2 (Program of Performance), the following documents for A Approval B Review 3-118 Section VIII Particular Conditions Appendix Functional Guarantees General This Appendix sets out (a) the functional guarantees referred to in GC Clause 28 (Functional Guarantees) (b) the preconditions to the validity of the functional guarantees, either in production and/or consumption, set forth below (c) the minimum level of the functional guarantees (d) the formula for calculation of liquidated damages for failure to attain the functional guarantees Preconditions The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the following preconditions being fully satisfied: Functional Guarantees Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows: 3.1 Production Capacity 3.2 Raw Materials and Utilities Consumption Failure in Guarantees and Liquidated Damages 4.1 Failure to Attain Guaranteed Production Capacity If the production capacity of the facilities attained in the guarantee test, pursuant to GC Sub-Clause 25.2, is less than the guaranteed figure specified in para 3.1 above, but the actual production capacity attained in the guarantee test is not less than the minimum level specified in para 4.3 below, and the Contractor elects to pay liquidated damages to the Entity in lieu of making changes, modifications and/or additions to the Facilities, pursuant to GC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of 100% for every complete one percent (1%) of the deficiency in the production capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof, of less than a complete one percent (1%) 4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level Section VIII Particular Conditions 3-119 If the actual measured figure of specified raw materials and utilities consumed per unit (or their average total cost of consumption) exceeds the guaranteed figure specified in para 3.2 above (or their specified average total cost of consumption), but the actual consumption attained in the guarantee test, pursuant to GC SubClause 25.2, is not more than the maximum level specified in para 4.3 below, and the Contractor elects to pay liquidated damages to the Entityin lieu of making changes, modifications and/or additions to the Facilities pursuant to GC SubClause 28.3, then the Contractor shall pay liquidated damages at the rate of 100 percent] for every complete one percent (1%) of the excess consumption of the Facilities, or part thereof, of less than a complete one percent (1%) 4.3 Minimum Levels Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the following minimum levels of performance guarantees (and consumption guarantees) are not attained by the Contractor, the Contractor shall at its own cost make good any deficiencies until the Facilities reach any of such minimum performance levels, pursuant to GC Sub-Clause 28.2: (a) production capacity of the Facilities attained in the guarantee test: 100% of the guaranteed production capacity and/or (b) 4.4 average total cost of consumption of all the raw materials and utilities of the Facilities: one hundred and five percent (105%) of the guaranteed figures Limitation of Liability Subject to para 4.3 above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain the functional guarantees shall not exceed hundred percent (100 %) of the Contract price 3-120 Section VIII Particular Conditions Performance Security Form – Bank Guarantee14 Beneficiary: Date: PERFORMANCE GUARANTEE No.: _ We have been informed that (hereinafter called “the Contractor”) has entered into Contract No dated with you, for the execution of (hereinafter called “the Contract”) Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required At the request of the Contractor, we hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of _ ( _)15, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein This guarantee shall be reduced by half upon our receipt of: (a) (b) a copy of the Operational Acceptance Certificate; or a registered letter from the Contractor (i) attaching a copy of its notice requesting issuance of the Operational Acceptance Certificate and (ii) stating that the project manager has failed to issue such Certificate within the time required or provide in writing justifiable reasons why such Certificate has not been issued, so that Operational Acceptance is deemed to have occurred This guarantee shall expire no later than the earlier of:16 (a) (b) 14 15 16 twelve months after our receipt of either (a) or (b) above; or eighteen months after our receipt of: The Entityshould insert either the Bank Guarantee (4.1) or the Conditional Guarantee (4.2) The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the performance security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in this latter case the Entitymight want to consider an extended warranty security in lieu of the extension of the performance security) Section VIII Particular Conditions (i) (ii) (iii) (c) 3-121 a copy of the Completion Certificate; or a registered letter from the Contractor, attaching a copy of the notice to the project manager that the Facilities are ready for commissioning, and stating that fourteen days have elapsed from receipt of such notice (or seven days have elapsed if the notice was a repeated notice) and the project manager has failed to issue a Completion Certificate or inform the Contractor in writing of any defects or deficiencies; or a registered letter from the Contractor stating that no Completion Certificate has been issued but the Entity is making use of the Facilities; or the day of _, _.17 Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458 or 758 as applicable, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded _ [signature(s)] 17 Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period The Entity should note that in the event of an extension of the time for completion of the Contract, the Entity would need to request an extension of this guarantee from the Guarantor Such request must be in writing and must be made prior to the expiration date established in the guarantee In preparing this guarantee, the Entity might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.” 3-122 Section VIII Particular Conditions Performance Security Form- Conditional Bank Guarantee Date: Loan/Credit No: IFB No: To: _ Dear Ladies and/or Gentlemen, We refer to the Contract Agreement (“the Contract”) signed on [date] between you and (“the Contractor”) concerning design, execution and completion of By this letter we, the undersigned, [name of Bank], a Bank (or company) organized under the laws of _ and having its registered/principal office at _, hereby jointly and severally with the Contractor irrevocably guarantee payment owed to you by the Contractor, pursuant to the Contract, up to the sum of _, equivalent to _ percent ( %) of the Contract Price until the date of the Operational Acceptance Certificate and thereafter up to a sum of , equivalent to percent ( %) of the Contract Price, until twelve (12) months after the date of Operational Acceptance, or eighteen (18) months after Completion of the Facilities, whichever comes first Where it is agreed between you and the Contractor that the Facilities are to be accepted in parts, and thus where there are separate Completion and Operational Acceptance Certificates for each part, this Letter of Guarantee shall be apportioned to the value of each such part and shall reduce or expire as provided above on or following Completion or Operational Acceptance of each part We shall only undertake to make payment under this Letter of Guarantee upon our receipt of a written demand signed by your duly authorized officer for a specified sum, where such demand sets out the reasons for your claim under this Letter of Guarantee and is accompanied by (a) a copy of the written notice sent by you to the Contractor before making the claim under this Guarantee, specifying the Contractor’s breach of contract and requesting the Contractor to remedy it (b) a letter signed by your duly authorized officer certifying that the Contractor has failed to remedy the default within the period allowed for remedial action Section VIII Particular Conditions (c) 3-123 a copy of your written notice to the Contractor stating your intent to claim under this Letter of Guarantee because of the Contractor’s failure to remedy the default in accordance with the request referred to in para (a) above Our liability under this Letter of Guarantee shall be to pay to you whichever is the lesser of the sum so requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry of this Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded This Letter of Guarantee shall be valid from the date of issue until the earlier of twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the Facilities or, where the Facilities are to be accepted in parts, twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the last part or [date], whichever comes first Except for the documents herein specified, no other documents or other action shall be required, notwithstanding any applicable law or regulation If the Defect Liability Period is extended with respect to any part of the Facilities in accordance with the Contract, you shall notify us, and the validity of this Letter of Guarantee shall be extended with respect to the percentage of the Contract Price stipulated in the notification until expiry of such extended Defect Liability Period Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by us to you shall equal the sums guaranteed hereunder, whichever is the earlier All notices to be given hereunder shall be given by registered (airmail) post to the addressee at the address herein set out or as otherwise advised by and between the parties hereto We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our liabilities hereunder without notice to us and without the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased No action, event or condition which by any applicable law should operate to discharge us from liability hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects 3-124 Yours truly, Authorized Signature Section VIII Particular Conditions Section VIII Particular Conditions 3-125 Bank Guarantee Form for Advance Payment Beneficiary: Date: ADVANCE PAYMENT GUARANTEE No.: _ We have been informed that _ (hereinafter called “the Contractor”) has entered into Contract No dated with you, for the execution of _ (hereinafter called “the Contract”) Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of ( ) is to be made against an advance payment guarantee At the request of the Contractor, we hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ( _)upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than toward the execution of the Works It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on his account number _ at _ The maximum amount of this guarantee is valid shall be progressively reduced in proportion to the value of each part-shipment or part-delivery of plant and equipment to the site, as indicated in copies of the relevant shipping and delivery documents that shall be presented to us This guarantee shall expire, at the latest, upon our receipt of documentation indicating full repayment by the Contractor of the amount of the advance payment, or on the _ day of _, _, whichever is earlier.18 Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458 or 758 as applicable 18 Insert the expected expiration date of the Time for Completion The Entity should note that in the event of an extension of the time for completion of the Contract, the Entity would need to request an extension of this guarantee from the Guarantor Such request must be in writing and must be made prior to the expiration date established in the guarantee In preparing this guarantee, the Entity might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a onetime extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.” 3-126 _ [signature(s) name of bank or financial institution] Section VIII Particular Conditions